Could a Louisiana juvenile court hire a person with an expunged criminal or juvenile record?

Plain-English summary

The Orleans Parish Juvenile Court asked about applicants with arrests, convictions, expunged adult records, and expunged juvenile delinquency records. The Louisiana Attorney General said the court could not employ a person convicted of a crime listed in LSA-R.S. 15:587.1(C). The opinion found no statute or case law governing a mere arrest for this purpose. It also said expungement of an adult record did not by itself bar employment, so long as the underlying crime was not one of those listed.

For a juvenile delinquency record expunged under the Children's Code provisions the opinion discussed, the AG said a suspected record should not cause denial of employment; any denial had to rest on information outside that purported record. The AG expressly declined to answer the court's further questions about its own awareness of a juvenile expungement ordered there and whether it could consider that knowledge.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did an arrest alone disqualify a juvenile court applicant? A: The AG said it found no statute or case law governing the arrest question. It did not announce a general rule allowing or forbidding hiring based on an arrest.

What convictions did the opinion say barred hiring? A: It applied the crimes listed in LSA-R.S. 15:587.1(C), as referenced by the juvenile-facility hiring statute. The opinion did not say every conviction was disqualifying.

Was an expunged adult criminal record itself a hiring bar? A: The AG said no under LSA-R.S. 44:9, provided the underlying crime was not among the listed disqualifying crimes. It explained that adult expungement limited public access without necessarily destroying the record.

Could an expunged juvenile delinquency record support a denial? A: The opinion said a person merely suspected of having such a record should not be denied for that reason; denial had to rest on other information. The AG did not decide what the court could do with its own knowledge of an expungement it had ordered.

Background and statutory framework

The opinion quoted LSA-R.S. 15:825.3's background check and hiring restriction for juvenile detention, correctional, or treatment facility personnel, together with the crime list in LSA-R.S. 15:587.1(C). It distinguished adult expungement under LSA-R.S. 44:9 from juvenile record destruction and legal treatment under LSA-Ch.C. arts. 917-922. The final two questions were expressly left unanswered.

Citations

• LSA-R.S. 15:825.3 (juvenile facility personnel background check and listed-crime bar).
• LSA-R.S. 15:587.1(C) (listed crimes).
• LSA-R.S. 44:9 (adult record expungement).
• LSA-Ch.C. arts. 917-922 (juvenile record expungement).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0072

Original opinion text

April 11, 2005
Opinion No. 05-0072

15 COURTS
LSA-R.S. 15:825.3; LSA-R.S. 15:587.1(C); LSA-R.S. 44:9; LSA-R.S.
44:9(G); LSA-Ch.C. arts. 917-922;
The Orleans Parish Juvenile Court may not employ someone Attn: Geoffrey M. Stewart that has been convicted of one of the crimes listed in LSA-RS Orleans Parish Juvenile Court 15:587.1(C).
421 Loyola Avenue
Pursuant to LSA-R.S. 44:9, there is no prohibition placed upon
the Orleans Parish Juvenile Court to employ someone that has had New Orleans, Louisiana 70112 their criminal record expunged, so long as it was not for a crime pursuant to LSA-R.S. 15:587.1(C).
A person who is suspected of having a juvenile delinquency record that has been expunged pursuant to LSA-Ch.C. arts. 917-922, should not be denied employment pursuant to the strict guidelines pertained in the respective statutes. If employment is denied, the denial must be based upon information outside of the persons purported juvenile delinquency record.

Dear Mr. Stewart:

Your request for an Attorney General Opinion has been forwarded to me for research and reply. You asked the following questions:

1) May the Orleans Parish Juvenile Court employ an individual who
has been arrested for or convicted of a crime?

2) Is there any provision in state or federal law that would prohibit the
Orleans Parish Juvenile Court from hiring an individual who has
had his record expunged?

3) Does any law require the Orleans Parish Juvenile Court to deny
employment to a prospective employee who has expunged his
juvenile delinquency record pursuant to LSA-Ch.C. art. 917 et
seq?

4) What if the Orleans Parish Court was aware of such a juvenile
expungement because said expungement was ordered in that
court?

5) Can the Orleans Parish Juvenile Court consider such information
in making a hiring decision?

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Geoffrey M. Stewart
OPINION 05-0072
Page 2

To address your first question, pursuant to LSA-R.S. 15:825.3, “No operator, staff person, or employee of a juvenile detention, correction, or treatment facility shall be hired by the department until such person has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information so that it may be determined whether or not such person has been convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1(C). If it is determined that such person has such a conviction or has entered a plea of nolo contendere to a crime listed in R.S. 15:587.1(C), that person shall not be hired.” K.S. v. Summers, 2001-0794 (La.App. 1 Cir. 5/23/01), 799 So.2d 510.

Furthermore, LSA-RS 15:587.1(C). states “[t]he crimes to be reported under this Section are those defined in:

(1) R.S. 14:30, R.S. 14:30.1, R.S. 14:31, R.S. 14:41 through R.S.
14:45, R.S. 14:74, R.S. 14:78, R.S. 14:79.1, R.S. 14:80 through R.S. 14:86, R.S. 14:89, R.S. 14:89.1, R.S. 14:92, R.S. 14:93, R.S.
14:93.2.1, R.S. 14:93.3, R.S. 14:106, R.S. 14:282, R.S. 14:286, R.S. 40:966(A), R.S. 40:967(A), R.S. 40:968(A), R.S. 40:969(A), and R.S. 40:970(A) or convictions for attempt or conspiracy to commit any of those offenses;
(2) Those of a jurisdiction other than Louisiana which, in the judgment of the bureau employee charged with responsibility for responding to the request, would constitute a crime under the provisions cited in this Subsection, and (3) Those under the Federal Criminal Code having analogous elements of criminal and moral turpitude.”

Therefore, pursuant to the statues referenced, it is the opinion of this office that the Orleans Parish Juvenile Court may not employ someone that has been convicted of one of the crimes listed in LSA-RS 15:587.1(C). In reference to a person that has been arrested for a crime, there is no statute or case law that governs this matter.

To address your second question, LSA-R.S. 44:9 sets forth the guidelines and
rules that regulate expungements.
Pursuant to LSA-R.S. 44:9(G),
‘Expungement’ means removal of a record from public access but does not mean destruction of the record. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry or the Louisiana State Board of Examiners of Psychologists. The general rule sets forth that an expunged record is confidential as to the public. The purpose of the expungement provisions in the public records law is to allow citizens to avoid embarrassment

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Geoffrey M. Stewart
OPINION 05-0072
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and harassment generated by a public criminal record that had not been timely prosecuted or that has been dismissed. State v. Simms, 357 So.2d 1095 (La. 1978). However, only the public will be forbidden from obtaining information regarding arrest; all law enforcement agencies will maintain confidential, non- public access to these records.

Thus, an expungement does not affect the collection and processing of criminal history record information by the Louisiana Department of Public Safety & Corrections or the Louisiana Bureau of Criminal Identification Information. An expungement does not affect the non-public dissemination of such information to any court, criminal justice agency or law enforcement agency involved in the detection, investigation, apprehension, prosecution, sentencing, confinement, release, or rehabilitation of criminal offenders. State v. Savoie, 92-1586 (La. 5/23/94),637 So.2d 408.

It is the opinion of this office, pursuant to LSA-R.S. 44:9, that there is no prohibition placed upon the Orleans Parish Juvenile Court to employ someone that has had their criminal record expunged, so long as it was not for a crime pursuant to LSA-R.S. 15:587.1(C). In reference to federal law prohibiting the employment of a person with an expunged record, , there is no statute or case law that governs this matter.

To address your third question, in Louisiana, LSA-Ch.C. arts. 917-922 govern expungement of records of juvenile criminal conduct. These articles express what juvenile delinquency records and reports that may be expunged, State v. L.B., 179, 95 2116 (La.App. 1 Cir. 5/30/96), 676 So.2d. LSA-Ch.C. art. 920(A) states, “[a]n order for the expungement of juvenile court records must be in writing and, except as hereinafter provided, must require that the clerk of court destroy all records relating to the conduct or conditions referred to in the motion for expungement, including but not limited to pleadings, exhibits, reports, minute entries, correspondence, and all other documents.” LSA-Ch.C. art. 921(A)(1) states, “[e]xcept as otherwise provided by law, all officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, destroy all reports and records whether on microfilm, computer memory device, or tape, or any other photographic, fingerprint, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement.” Last. LSA-Ch.C. art. 922 states that, “[e]xcept for the limited purposes stated in Articles 920 and 921, upon an order of expungement, the conduct and conditions expunged are considered nonexistent and are to be treated as such upon inquiry. These statutes call for the destruction of all records and reports, except for the limited purposes stated in Articles 920 and 921, and are to be considered as nonexistent upon inquiry.

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Geoffrey M. Stewart
OPINION 05-0072
Page 4

Therefore, it is the opinion of this office that a person who is suspected of having a juvenile delinquency record that has been expunged pursuant to LSA- Ch.C. arts. 917-922, should not be denied employment pursuant to the strict guidelines pertained in the respective statutes. If employment is denied, the denial must be based upon information outside of the persons purported juvenile delinquency record.

To address questions four and five, this office does not have any opinion(s) concerning this matter. You may want to forward your inquiry to the Judiciary Commission or the Board of Ethics regarding these questions.

If the office can be of further assistance, please do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI JR.
ATTORNEY GENERAL

BY: ________
MARTY WHITE
ASSISTANT ATTORNEY GENERAL

MW/jh/jy

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Opinion 05-0072

15 COURTS

LSA-R.S. 15:825.3;
LSA-R.S. 15:587.1(C);
LSA-R.S. 44:9;
LSA-R.S. 44:9(G);
LSA-Ch.C. arts. 917-922;

The Orleans Parish Juvenile Court may not employ someone that has been convicted of one of the crimes listed in LSA-RS 15:587.1(C).

Pursuant to LSA-R.S. 44:9, there is no prohibition placed upon the Orleans Parish Juvenile Court to employ someone that has had their criminal record expunged, so long as it was not for a crime pursuant to LSA-R.S. 15:587.1(C).

A person who is suspected of having a juvenile delinquency record that has been expunged pursuant to LSA-Ch.C. arts. 917-922, should not be denied employment pursuant to the strict guidelines pertained in the respective statutes. If employment is denied, the denial must be based upon information outside of the persons purported juvenile delinquency record.

Orleans Parish Juvenile Court
Attn: Geoffrey M. Stewart
421 Loyola Avenue
New Orleans, Louisiana 70112

Date received:
Date released: April 11, 2005

MARTY L. WHITE
ASSISTANT ATTORNEY GENERAL